Mississippi Supreme Court, 1886

Crescent Insurance v. W. R. Moore & Co.

Crescent Insurance v. W. R. Moore & Co.
Mississippi Supreme Court · Decided April 15, 1886 · Arnold
63 Miss. 419

Crescent Insurance v. W. R. Moore & Co.

Opinion of the Court

Arnold, J.,

delivered the opinion of the court.

An insurance company may be garnished as the debtor of a person whom it has insured, after loss has occurred under a policy which it has issued to such person, whether the claim for such loss has been adjusted or not. Drake on Attachment, 5th ed., § 549, and authorities there cited.

The proof on the trial of the issue raised by controverting appellant’s answer • showed,- prima fade, at least, liability on the part of appellant to Black & Sudduth. If appellant had any defense against the claim of Black & Sudduth it should have been made on that issue; but none was attempted' to be made on that issue, and no valid reason is shown why it was not done.

Affirmed.

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